A Douglas County Judge sentenced the Omaha fire union president to six months probation Thursday on misdemeanor charges of assault and battery and disorderly conduct. "[F]ederal courts may not entertain a private person's suit against a State" because of the Eleventh Amendment's grant of sovereign immunity to states. On January 21, 2020, Ashford filed this action seeking a litigious fourth bite of the bar- complaint-apple. 2018) (citing McKenna v. Julian, 277 Neb. 1993). "Today's sentencing did nothing to change the facts of what occurred. It was said in a crowded bar surrounded by many people," Sladek said.LeClair's attorney said his client "ran his mouth" and is "deeply remorseful. "The victim was very fearful, hurt, frustrated. Rev. § 1983 based on numerous alleged violations of his constitutional and statutory rights. Because no employment relationship was alleged, Title VII is inapplicable to these facts, and any claim predicated upon Title VII is dismissed. ANALYSIS A. Filing 19 at 1; Filing 21 at 1-3. § 2201, damages under 42 USC § 1981, 42 USC § 1983, Title VII and the US Constitution and the Nebraska Constitution. "[T]he filing requirements set forth in § 81-8,212. . There is a video that documents the entire incident. Young Am. BY THE COURT: ___________________________ Brian C. Buescher United States District Judge 14. Thompson v. N. Am. § 1981 The Complaint alleges Ashford brought this action for damages, in part, pursuant to 42 U.S.C. 522, 763 N.W.2d 384, 390–91 (2009)). The girl told Omaha police that during an impromptu massage, Compton rubbed his thumb on her “bikini zone and front zone” when she was 12 and in sixth grade, a detective testified. As an initial matter, the Court notes Defendants seek dismissal under both Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Filing 1 at 3. Ashford v. Douglas Cty., 880 F.3d 990, 992 (8th Cir. -- AND IS NOW DEEPLY REMORSEFUL." The STCA generally waives the state's tort immunity under the STCA but carves out "specified exceptions" to that waiver. Rev. 42 U.S.C. An African-American woman told police she felt a punch in her back while sitting at the bar and heard LeClair whisper a racist comment after she rejected his advances. Prior to the Eighth Circuit's affirmance, Ashford again filed suit in the District Court of Douglas County, Nebraska, seeking damages for the same causes of action he now raises based on identical facts. 2. Here, Ashford has not alleged that he filed any claims with the Risk Manager, and thus his claims are also dismissed on that basis. Stat. § 13-901, et seq. 7:19CV5011, 2020 WL 1848254, at *7 (D. Neb. ." THE WOMAN SAYS LECLAIR WHISPERED A RACIST COMMENT WHEN SHE REJECTED HIS ADVANCES. e. Title VII Ashford also brought this action for damages pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2d 345 (2006)). II. §§ 1981, 1983 and the Nebraska constitution. His trial was set to start Monday.LeClair faces six months in jail and a $500 fine for each count. Howard suggested that the 15-year-old girl had had her phone taken away from her. § 81-8,209 et seq. Rev. 2 The Court addresses section 1983 in conjunction with any claim Ashford may state for damages based on any violation of his constitutional rights under the United States Constitution. However, "legislative action is necessary to waive the state's sovereign immunity." The PSTCA provides that "no subdivision of the State of Nebraska shall be liable for 3 Because "[s]uits against persons in their official capacity are just another method of filing suit against the entity," Monell v. New York City Dep't of Social Servs., 436 U.S. 658, 690, n.55, 98 S. Ct. 2018, 2035, n.55, 56 L. Ed. See Filing 1 at 4; see also Filing 1 at 1; Filing 1 at 18-32. § 81-8,209 et seq. 2018) (quoting Smithrud v. City of St. Paul, 746 F.3d 391, 395 (8th Cir. 2d 868 (2009)). are conditions precedent to the commencement of suit." 6 8:20-cv-00036-BCB-MDN Doc # 23 Filed: 07/30/20 Page 7 of 14 - Page ID # 329 the torts of its officers, agents, or employees, and no suit shall be maintained against such. (quoting Baker v. McCollan, 443 U.S. 137, 144 n.3, 99 S. Ct. 2689, 61 L. Ed. . Rev. The present case arose out of Ashford's representation of an individual in a guardianship case in Douglas County Probate Court. 2013) (internal citations omitted). "When considering a Rule 12(b)(6) motion, the court generally must ignore materials outside the pleadings, but it may consider some materials that are part of the public record or do not contradict the complaint, as well as materials that are necessarily embraced by the pleadings." Rev. OMAHA - An Omaha Public Schools middle school administrator will stand trial on charges that he sexually assaulted a girl who is now 15 years old. Neb.

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+ How we made $200K with 4M downloads.

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